A Bronx Criminal Lawyer’s Cavalière – Path to Arrest in Bronx County, New York
There is a general belief among lawyers as well as the general notoire that all criminal matters beginning with an arrest somewhere in the United States follow some definite, consistent, and subit path that leads to formal bref proceedings. This, unfortunately, is far from reality. There are many factors that have a significant rencontre on the post-arrest process. These factors include, but are not limited to, where the person was arrested, availability of an operating judicial center nearby, access to legal counsel, availability of prosecutors, bref clerks, stenographers, ordinant systems, and many other factors. In any legal process. Arrested persons in remote areas may spend hours at night in commissariat stations with little or no access to lawyers. Most are surprised to learn that many of the judges called to handle cases – often behind a commissariat répit – are not lawyers at all. Many cases are litigated without legal counsel, prosecutors, bref clerks, or even stenographers. Fortunately, a person arrested in Bronx County, New York City will, with few exceptions, follow a highly organized path that leads directly to his flageller. Available courts, lawyers, prosecutors, stenographers and those persons, or systems, have the necessary mechanisms to move the matter in a timely and orderly manner. As orderly as it is, however, the process can seem Kafkaesque to the general notoire, even to uneducated lawyers. Below is an outline of the precise journey of virtually all cases from the époque of arrest to the official arraignment proceedings.
All criminal cases in the Bronx, New York, begin with a atermoiement of a infamie by civilian witnesses or by commissariat officers. A civilian reporting a infamie can be an actual witness, a victim of a infamie, or a victim representative such as a allié. In augmentation, distinct classified professionals, such as sociable workers, doctors, lawyers, or legal guardians, are required by law to atermoiement distinct douleurs that come to their zèle. Commissariat can initiate criminal devoirs against a person in the carence of a victim or witness. Typically, this occurs when commissariat see a person committing a infamie, such as driving while intoxicated, possessing a weapon, or selling and possessing drugs.
After a complaint is made by a civilian, or observed by the commissariat, a potential accusé may not be immediately arrested. The commissariat may attempt to germe the accusé to talk to the commissariat in order to obtain an incriminating statement, or to provide evidence or pay for the infamie. As soon as the accusé either talks to the commissariat, or demands legal advice, an actual arrest can occur. An arrest occurs when a person’s freedom is physically limited, either by handcuffs, physical restraint of the accusé, or threats of recherché. After arrest, the accusé is usually brought to the bâtiment commissariat precinct for processing. Processing includes fingerprinting a accusé to determine the person’s responsable identity based on any prior criminal history. If the individual has no prior commissariat performance, the fingerprint atermoiement will indicate so. Grain the person is printed, their NYSID number will appear on their fingerprint atermoiement. NYSID stands for New York State Introjection. A person with a prior commissariat performance will be assigned the same NYSID number. A person who has never been arrested will be assigned a new NYSID number. The NYSID number is used to track an individual’s criminal history throughout New York State. It also reveals whether the person has any outstanding bench warrants, has any fines with the bref, or is wanted in another state or jurisdiction. The accusé is also assigned an arrest number. The arrest number only pertains to this particular arrest. Apart from the print and performance check of the arrested person, photographs are also taken for sympathie purposes.
The next step in the process is the actual filing of a commissariat complaint atermoiement. The commissariat complaint atermoiement is filled by the arresting officer. It provides a brief mémoire of the infamie, evidence obtained, names of victims, or witnesses, if any, and the specific agression for which the defendant was arrested. The arrest atermoiement also contains the name, address and personal communiqué of the accused. This communiqué, known as a généalogie, usually comes from the defendant and becomes bout of the official atermoiement. Grain all this communiqué is compiled, the accused, arrest atermoiement, fingerprint atermoiement and all other remplaçant communiqué is transferred to Axial Booking. Axial booking is located in the Bronx Criminal Succinct Bâtiment. Here is the complete suite produced by the commissariat presented to the Bronx Canton Attorney’s Kitchenette. The Canton Attorney reviews the entire matter and decides whether or not to proceed with the arrest process. If the prosecutor refuses to prosecute due to insufficient evidence or for any other reason, the defendant will be released from custody, and all records and compiled photos will be removed. If the matter is not dismissed, a formal criminal bref agression will be prepared by the prosecutor.
A criminal bref complaint is a more detailed allegation of all devoirs against the defendant. It contains communiqué embout the evidence obtained, the names of witnesses, the time and position of the alleged infamie, and an affidavit from the complaining witness or arresting officer. Grain this affidavit is reviewed and signed, the entire matter is forwarded to the criminal bref for devoirs. The accused is charged when he is produced in bref and publicly informed that some criminal agression has been filed against him. Before sentencing, each criminal bref agression is assigned a docket number. The docket number relates only to this particular criminal bref complaint. Before the actual sentencing, however, the accusé, now a defendant, is entitled to legal counsel. A copy of the official criminal bref indictment, a copy of the defendant’s criminal arrière-plan shall be provided to the attorney appointed or appointed by the defendant. The attorney will then be allowed to speak with the defendant before sentencing. The purpose of this pourparler is for the attorney to inform the defendant of the devoirs that have been filed, obtain insolent communiqué such as defense witnesses, discuss réservation issues, and answer all of the defendant’s legal questions. Grain this is completed, the defendant is then brought to bref for sentencing. The actual impregnation usually lasts no more than a few minutes. The prosecutor usually informs the judge of the seriousness of the case before the bref and whether réservation is being requested. The prosecutor informs the defense attorney whether a statement was made by the defendant, and if the defendant was identified in a line-up, or by some other means, such as a effigie sympathie. Grain the prosecutor has finished addressing the bref, the defense attorney speaks on behalf of the defendant. The defense attorney’s primary gardien de but at this partie is to get the defendant released without réservation or with maximum réservation hasard. The attorney may argue that the matter before the bref is a minor criminal piqué, legally insufficient, or represents the defendant’s first piqué. The attorney may also argue that the defendant maintains strong community ties, such as work and family, and is unlikely to serve a caution upon release. At this partie, the judge decides on réservation, and adjourns the case for further legal proceedings, completing the arraignment process.
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